Business Law and Ethics: Role of Organs of Government, Specific Performance of Contract, Partnership and Dismissal of Employees

This essay discusses the role of organs of government in business law and ethics, the concept of specific performance of contract, the difference between general partnership and limited liability, and the ethical and legal principles of employee dismissal in the UK.

Business Law and
Ethics

TABLE OF CONTENT
INTRODUCTION.......................................................................................................................................3
MAIN BODY..............................................................................................................................................3
CONCLUSION...........................................................................................................................................6
REFERENCE..............................................................................................................................................6

INTRODUCTION
Business ethics is an important conduct through which all the relevant organisations can
be framed. It covers out all the organisational areas which has legal, individual and various
statements through which the ethical practises and the norms can be guided out in the working
areas (Rauf, 2021). Business law embodied with the set of rules that has been made in order to
frame the legal issues and penalties in the organisations it provides various legislations in which
the contract is being framed in the corporate used to be run by the business law they are like
employment law, IPR etc. This essay will cover Role of organs of government with various
remedies that are made in specific performance of contract and also the differentiation between
general partnership and the limited liable with the dismissal of employees and their ethical and
legal principles in UK.
MAIN BODY
There are three important foundations in English legal system that used to cover the
organs in the government they have specific rules and powers which are being implied through
separation of powers in order to check the balance and the exercising of power that are beyond
their limited areas.
Legislature is the first organ which is used to cover two important houses that is House of
commons and lords. The major role of houses is to make laws and to provide a proper started the
legislation by enactment of laws and delegating the powers in the subordinate legislation and
areas (Mirakhor and et. al., 2020).
Executive is the second important organ which covers the crown in UK and also involves
the Prime Minister and all the cabinet minister. It is responsible for all the enforcement in the
laws that are being made in the countries and also to administer the important areas in the
governance of state with its administration (Marchant, and Wallach, 2020).
Judiciary is the third organ which provides the rights to the judges and all the quotes and
tribunals. It used to help in interpretation of laws through legislature and also provides the
common laws in their case laws and justice to person on the victim that has been affected by any
offence.

Contract law is mainly the agreement that is being enforceable in the parties in order to
make or implement any new activity. There are certain essentials of contract they are like
acceptance, offer, consideration and intentions to create legal relations. In order to frame a
proper and valid contract these essential elements are to be framed. Contract law serve the
remedies to all the aggrieved party in case of any breach by the remedies like damages, specific
performance, injunction and reputation (Simms, 2019).
Specific performance of contract is mainly the fulfillment of the contract of promise that
is being made, this is it act in which court used to compel the party in order to perform all the act
that is being contractually obligated by them to be performed. This remedy helps out to remove
the breach in the contract. This remedy not be applied in cases where adequate damages are the
sufficient remedy available (Keymolen, and Taylor, 2021). It involves all the subject matter in
the contract in which the injured party is not being able to replace the act or can substitute certain
items. In Cohen v. Roche, As the claimant has made a contract in which the white chairs are
being sent through the furniture shop was breached by the defendant for which the court held that
the specific performance will not be granted on such activity where the item can be purchased
from any other area and damages are the adequate compensation that is being required.
Important rules of specific performance is the remedy in the specific performance will
not be granted on the case where a constant supervision is being made required and also in a
particular time period the obligation of the contract cannot be defined properly. It is also not
available in the contract which has made for the personal service and also for the employment
term in freedom of individual. Other than that this limitation cannot be accessed in the hardship
of any specific performance (Parkhomenko,and et. al., 2019).
There are various business organisations which cover like sole propertiership which have
the single owners and all the important liabilities lies on the owner, partnership where two or
more persons are being involved in order to open any company or business by mutual agreement.
All the profit loss and the decision making process is being shared by the partners together with
their debts and liabilities are being hold it together (Aydin, 2020). Limited liability partnership
is variably different from general partnership as limited ability covers the partners have been
personally liable for all the agreements that are being made. Other than that company is a

business organisation which has separate legal entity and it can be sued and can sue and also
been treated as an artificial personality it has its personal common seal (Popescu, 2017).
Partnership and company different as they have limited liability in the partnership where
as partners are being personally liable in all such areas of death and in case of company it is
being important and limited. The other distinction is company is a separate legal personality
partners are not being treated as a distinct person and Dave are both personally liable for all
affirms debts and liabilities that has been made in it and in all such legal personality the sue can
be made to artificial person (Canestrino, and Magliocca, 2018).
Employment law is mainly a law which aims to protect all the rights of the employees
who are working in the organisation and also helps them to protect from exploitation. There are
various rights and legal laws that are being made in order to frame the employees right from
unfair dismissal. Dismissal implies the termination of the employees from the breach of contract
of employment (Boda, 2019). The dismissal can be fair in which the employer used to dismiss
with the fair and proper reasonable procedure by giving and serving the notice. That can be
because of inadequate qualification, redundancy, misconduct behaviour breach of any statutory
duty and many more for the termination of the employer it is important to serve them a notice
that can last for a period of one week and if the person has been employed in the company for
more than one month or two years then the notice will be so far amount of 1 week to 12 weeks as
all year of employment.
Other than that there is a wrongful dismissal in which the employee is being dismissed
without a serving of notice on a situation where they were not being informed about the
dismissal. The constructive dismissal is where the conduct of the employer of the company or
organisation has made it to force the worker in order to leave the company and a job (Jato, 2018).
Ethical perspective in regard to dismissal of employee is that all the employer showed
tend to give a fair is and while dismissing their workers from the jobs and in case of misconduct
or any of the issue they should lie to serve them a proper notice period for termination of their
job this might be a ethical dismissal for all the employees working in the company (Greenstein,
2020).

CONCLUSION
It is concluded from this essay that business law is an important area which helps out to
regulate various organisations and business practises. English legal system provides the
important branches that is executive, legislature and judiciary they all have their own power and
are being separated from the separation of power. There are various remedies that is being given
in contract law they are like injunction, recession, specific performance etc. All the business if
being different from all other and there has been made that general partnership in companies are
distinct and different in various liabilities. Further it is also analysed that employees should be
fairly dismissed by giving proper notice and serving them the reason for their dismissal.
REFERENCE
Aydin, N., 2020. Paradigmatic foundation and moral axioms of ihsan ethics in Islamic
economics and business. Journal of Islamic Accounting and Business Research.
Boda, Z., 2019. Business ethics as critical thinking: moral motivations and the limits of ethics.
In Ethical Business Leadership in Troubling Times. Edward Elgar Publishing.
Canestrino, R. and Magliocca, P., 2018. Managing Business Ethics in a Global Environment:
The Impact of Cultural Diversities. In Geopolitics and Strategic Management in the
Global Economy (pp. 137-169). IGI Global.
Greenstein, M.N., 2020. Ethics for Former Judges. The Judges' Journal, 59(4), pp.40-40.
Jato, L., 2018. Business Ethics in Brazil: Analyzing Discourse and Practice of the Brazilian
Contractors Involved in Operation. Corporate Social Responsibility in Brazil: The
Future is Now, p.251.
Keymolen, E. and Taylor, L., 2021. Data Ethics and Data Science: An Uneasy Marriage?. Data
Science for Entrepreneurship: How Entrepreneurs Can Leverage Big Data and AI for
New Value Creation, Forthcoming.
Marchant, G.E. and Wallach, W. eds., 2020. Emerging Technologies: Ethics, Law and
Governance. Routledge.
Mirakhor and et. al., 2020. Handbook of Ethics of Islamic Economics and Finance (Vol. 5).
Walter de Gruyter GmbH & Co KG.
Parkhomenko,and et. al., 2019. Digital law and electronic ethics in the formation of society
4.0. Journal of Legal, Ethical and Regulatory Issues, 22, pp.1-6.
Popescu, D.I., 2017. Social Responsibility and Business Ethics: V. The Faces of Social
Responsibility. Quality-Access to Success, 18(161).
Rauf, A.A., 2021. New moralities for new media? Assessing the role of social media in acts of
terror and providing points of deliberation for business ethics. Journal of Business
Ethics, 170(2), pp.229-251.
Simms, J.E., 2019. Teaching Accounting Ethics Using Ex Corde Ecclesiae. Journal of Business
Ethics Education, 16, pp.191-212.